Kernrechtsfrage
Whether the appellant's right to be heard was violated because the appellate court allegedly failed to address the first instance's reasoning under Art. 173(3) StGB.
Extrahierter Entscheid
No violation was shown; the appellate court sufficiently dealt with the applicability of justification and good-faith defenses.
Extrahierte Begründung
The appellate judgment addressed on several pages why the respondent could rely on legitimate interests and why the acquittal did not require a separate response to the first instance's Art. 173(3) analysis.